Terms & Conditions

Terms and Conditions

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By entering into this agreement you agree to be bound by the following terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you shall not access services (the Service) provided by Start Making Videos and it’s parent company Flourish Vitality Incorporated.

If you are agreeing to these Terms on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to agree to these Terms on that company, organization or legal entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Start Making Videos and Flourish Vitality Incorporated reserve the right to update and change the Terms of Service from time to time without notice. Any new features to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below may result in the termination of your service(s).

Creating an account with Start Making Videos and use of Service

You must be 18 years or older to create an account and use this Service.

You must be a human. Workspaces registered by “bots” or other automated methods are not permitted.

You must provide all information requested in order to complete the signup process. You will not provide any false information.

Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as needed.

You are responsible for maintaining the security of your user and password.Start Making Videos and it’s parent company Flourish Vitality Incorporated cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You own all content and information posted and are the sole responsible for any activity that occurs under your workspace.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction and in Canada, including but not limited to copyright laws (please see Section 9 for other details).

You must ensure that any person who uses the Service under your authority complies with these Terms of Service.

Privacy Policy

When you register an account, we are collecting information about you including your name, email and sometimes phone numbers. If you are making a purchase, the data collection for your credit card will be processed through third party merchant services. Payment and billing information collected during payment are collected by our payment processor(s), and is collected only for the purpose of conducting the transaction.

The information we collect from you is for our use in contacting you, and only for our use. We will never sell, rent, give-away, barter, trade, or in any way misappropriate your information intentionally.

Further information HERE

Registration

All online workshops and courses are offered on a non-credit basis. As these workshops and courses are open to the general public, there are no prerequisites; however, students must be at least 18 years of age in order to register. A parent or legal guardian may register on behalf of someone 16 years of age or older.

Start Making Videos (SMV) may not accept enrollment of any student from a jurisdiction wherein the provision of services to an individual in that country are prohibited.

After students have registered online, they will receive an email acknowledging SMV has received and accepted the registration. Submission of registration along with full tuition payment constitutes acknowledgement and acceptance of these terms and conditions.

Payment

Payment in full is required at the time of registration. Payment consists of a tuition fee and a non-refundable registration fee. All course tuition is billed in CDN dollars, and students' financial institutions may charge a fee for conversion to local currency. Payment may be made through our secure online checkout by American Express, MasterCard, or Visa, or by PayPal or e-transfer by prior arrangement. 

Refund Policy

In order to be granted a full tuition refund, students must cancel their registration by sending an email to connect {at} businessname.com (startmakingvideos.com) by 5:00pm (EST) five full business days before the course start date. Please note SMV is unable to reimburse for any currency conversion fees charged by the credit-card issuer and refunds will be issued to the paying credit card. There will be no refunds given for students who request a refund outside of these parameters.

Course Content

Start Making Videos will make all reasonable efforts to deliver the course as outlined on the website. However, SMV reserves the right to make reasonable amendments to the content and syllabus of a course when necessary.

All courses are conducted in English. SMV's online courses are hands-on and interactive, and they involve weekly participation in group activities and discussion forums, reading written materials, and writing assignments such as stories, outlines, and scripts; therefore, we suggest students have both a conversational and written knowledge of English when enrolling in a workshop or course.

Students should ensure that their schedule allows them to successfully complete the course. Refunds are only provided before the course begins as stated above.

Technology

To ensure students can successfully participate in a Start Making Videos online course, they should review the technology requirements. It is the student's responsibility to obtain and to maintain the proper hardware and software required to participate in a Start Making Videos online course. For more information regarding technology requirements, please visit our How It Works page. Access to the Online Course may not be legal by certain persons or in certain countries. When accessing the Online Course and/or the Website, you are responsible for compliance with the laws of your jurisdiction.

Course Cancellation

Start Making Videos reserves the right to cancel courses when necessary due to unforeseeable circumstances or insufficient enrollment. In this instance, all tuition and fees paid for the course will be refunded to the paying credit card. Cancellation decisions are generally made one week before classes begin, though SMV reserves the right to cancel any class up to the first day. Students should allow up to six weeks for the credit to appear on their statement.

Student Conduct

Students will be expected to follow guidelines and procedures outlined in the Student Code of Conduct and the Terms of Use for the learning management system. The SMV Online Community is made available two weeks before a course start date to enrolled students. Start Making Videos reserves the right to remove any student from the course who does not respect these guidelines and/or fellow students, instructors and/or staff.

Submission of the registration form along with full tuition payment constitutes acknowledgement and acceptance of the terms and conditions outlined herein.

Disclosure

Course presentations reflect the ideas of the instructors and guest speakers and are at the discretion of each. These views might not reflect the ideas of Start Making Videos.

Course presentations may include speakers who have a proprietary interest in or receive an affiliate fee from the products, services instruments, devices or materials discussed.

Intellectual Property

No intellectual property of Start Making Videos and Flourish Vitality Incorporated or any third party is transferred, and all right, title and interest in and to such property will remain (as between the parties) solely with Start Making Videos and Flourish Vitality Incorporated.Start Making Videos, its logo(s), and all other trademarks, service marks, graphics and logos used in connection with Start Making Videos and Flourish Vitality Incorporated, or the Services are trademarks or registered trademarks of Start Making Videos and Flourish Vitality Incorporated or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Start Making Videos and Flourish Vitality Incorporated or third-party trademarks. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Start Making Videos and Flourish Vitality Incorporated.

If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

Jurisdiction and Sole Competent Court

Any disputes will be resolved in the jurisdiction of  Toronto Ontario, Canada, and Canadian law is this governing law for this contract jurisdiction.

General Conditions

Technical support is available via email and phone. Start Making Videos and Flourish Vitality Incorporated shall use reasonable efforts to respond within one business day. Emails received are kept indefinitely.

You understand that Start Making Videos and Flourish Vitality Incorporated uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Start Making Videos or Flourish Vitality Incorporated

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Start Making Videos and Flourish Vitality Incorporated.

We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Start Making Videos or Flourish Vitality Incorporated customer, employee, member, or officer will result in immediate service termination.

While Start Making Videos and Flourish Vitality Incorporated prohibits such conduct and content on the Service, you understand and agree that Start Making Videos and Flourish Vitality Incorporated cannot be responsible for third party services, service providers and/or third party software and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.

Written notices include, but are not limited to, emails.

If a separate agreement is signed between the Customer and Start Making Videos and Flourish Vitality Incorporated such agreement will prevail over these Terms of Service, unless otherwise specified in the agreement. 

General Representation and Warranty

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Start Making Videos and Flourish Vitality Incorporated do not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.

You represent and warrant that (i) your use of the Services will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Italy or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Limitation of Liability

You expressly understand and agree that Start Making Videos and Flourish Vitality Incorporated shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Start Making Videos and Flourish Vitality Incorporated have been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service. In no event shall Pilgrim Productions Incorporated be liable for any amounts exceeding the amount paid to it under this agreement.

Indemnification

You agree to indemnify and hold harmless Start Making Videos and Flourish Vitality Incorporated, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

The failure of Start Making Videos and Flourish Vitality Incorporated to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Start Making Videos and Flourish Vitality Incorporated and govern your use of the Service, superseding any prior agreements between you and Start Making Videos and Flourish Vitality Incorporated (including, but not limited to, any prior versions of the Terms of Service).

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